How Spectrum Policy Could (or Could Not) Achieve a Single Market for Electronic Communications…

Is a European spectrum policy a pre-requisite to the single market? Or, conversely, is the single market a pre-requisite to a European spectrum policy? The answer to this question leads to a different choice of regulatory system. Enforcing a European spectrum policy to build a single market should deeply change the institutional design of European Regulation: a transfer of power from the Member States to the Commission will be necessary to create a European Regulator. This choice can theoretically prevent fragmentation of the single market by ensuring a harmonised management of spectrum throughout Europe. Adopting a more liberal point of view will leave the power of structuring the single market to the market forces. However, reaching a single market means consolidation of the sector: either by mergers and acquisitions or by allowing some agreements between operators. This consolidation is anyway on its way. The strategic use of competition policy and a lighter sector-specific regulation can orientate the operators towards the creation of a single market. Once the single market will be mature enough, the operators will undeniably ask for a European-wide band of spectrum to facilitate their undertaking and to stabilize their business model.